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HomeMy WebLinkAbout6. PC Draft Minutes - 06-04-14 DRAFT MINUTES REGULAR MEETING DOWNEY CITY PLANNING COMMISSION WEDNESDAY, JUNE 4, 2014 CITY COUNCIL CHAMBER, 11111 BROOKSHIRE AVENUE DOWNEY, CALIFORNIA 6:30 P.M. Chairman Kiefer called a Regular meeting of the Planning Commission to order on June 4, 2014, at 6:36 pm, at Downey City Hall, 11111 Brookshire Avenue, Downey, CA. After the Flag Salute, roll was called. COMMISSIONERS PRESENT: Matias Flores, District 4 Jim Rodríguez, District 5 Hector Lujan, District 1, Vice Chairman Robert Kiefer, District 2, Chairman COMMISSIONERS ABSENT: Louis Morales, District 3 OTHERS PRESENT: Aldo E. Schindler, Director of Community Development Yvette Abich-Garcia, City Attorney Jessica Flores, Associate Planner Mary Cavanagh, Secretary PLANNING COMMISSIONER ANNOUNCEMENTS; REQUEST FOR FUTURE AGENDA ITEMS; AND CONFERENCE/MEETING REPORTS: None PRESENTATIONS: None REPORT ON CITY COUNCIL ACTION: Director of Community Development Aldo E. Schindler gave the Commissioners an update on the City’s branding effort. PUBLIC HEARINGS: 1. PLN-14-00020: (SIGN): Chairman Kiefer opened the public hearing for PLN-14-00020, and Ms. Cavanagh affirmed proof of publication. Director Schindler advised the Commissioners that the Applicant requested that the hearing be continued to the June 18, 2014 meeting. It was moved by Vice Chairman Lujan, seconded by Commissioner Flores, and passed by a 4-0-1 vote, with Commissioner Morales absent, to continue the public hearing for a Planned Sign Program (PLN-14- 00020) to the June 18, 2014 meeting. 2. PLN-14-00051: (CUP): Chairman Kiefer opened the public hearing for PLN-14-00051, and Ms. Cavanagh affirmed proof of publication. Director Schindler advised the Commissioners that the Applicant requested that the hearing be continued to the June 18, 2014, meeting. It was moved by Commissioner Rodriguez, seconded by Commissioner Flores, and passed by a 4-0-1 vote, with Commissioner Morales absent, to continue the public hearing for a Conditional Use Permit (PLN- 14-00051) to the June 18, 2014 meeting. Planning Commission Minutes June 4, 2014 - 2 - 3. PLN-14-00019: (Conditional Use Permit): Chairman Kiefer opened the public hearing for PLN-14- 00019, and Ms. Cavanagh affirmed proof of publication Associate Planner Jessica Flores gave a brief PowerPoint presentation of the request for Revision “C” to Conditional Use Permit 08-04 for an existing restaurant (Habana Café), which currently operates with an Alcoholic Beverage Control Type 47 (On-Sale General, Eating Place) license and live entertainment. The request to modify the conditions of approval is to allow a DJ, Karaoke and a dance area; remove the restriction on the number of musicians allowed at one time; and to modify the permitted hours of live entertainment from 7:00 pm to 2:00 am, seven (7) days a week. Ms. Flores stated that the restaurant is located at 11402 Old River Road, zoned C-2 (General Commercial), and it is surrounded by commercial and residential properties. In 2009, the Planning Commission approved Revision “B” to allow live entertainment within the existing restaurant, but required that the applicant return for a six-month review of the use and the conditional use permit; which was completed on January 5, 2011. This action did not require further review of the live entertainment portion of the conditional use permit. Ms. Flores continued by saying that staff recognizes the proposed use could create unwanted noise; therefore a condition has been included to address this potential issue (below), should volume levels become a nuisance to the adjacent properties: • Live entertainment shall be limited to disc jockey (DJ), live bands with a limit of five (5) musicians, Karaoke and a 230 sq. ft. dance floor. • Live entertainment shall only take place on Monday through Thursday 6:00 pm to 9:00 pm; Friday 7:00 pm to 1:30 am; and there shall be no live entertainment on Sunday. Ms. Flores concluded by saying that in the three and one-half years of operating with live entertainment, the Downey Police Department has informed staff that the calls for service have been minimal; as such, staff supports the request subject to the conditions of approval. The commissioners discussed the restaurant’s hours of operation, parking, additional doors and clarification of the recommendation by the Downey Police Department. Ms. Flores stated that the Applicant had requested unlimited hours for live entertainment; however, staff believes that unlimited hours would be problematic; therefore, staff met with the Downey Police Department and was advised that limiting the number of musicians to no more than five (5) musicians, would also limit the calls for service. In addition, staff finds that excluding Sunday and limiting weekday live entertainment to the hours from 6:00 p.m. to 9:00 p.m. will allow patrons to clear the restaurant earlier in the evening and thereby lessen the impacts on adjacent properties. The proposed weekend hours for live entertainment are consistent with recent Planning Commission approvals. Commissioner Rodriguez asked if the maximum noise level would be the standard 65 decibels, to which Ms. Flores responded by saying that there is a section in the Code that calls for 100 decibels along the property line; however, Condition No. 14 is generalized in saying that the applicant must comply with all City of Downey noise regulations. Commissioner Rodriquez asked the City Attorney to research the decibel levels for this area. City Attorney Yvette Abich-Garcia stated that the she will review the City’s Code and let the Commissioners know what she finds. Downey Police Department Lieutenant Leslie Murray explained that the limitations were primarily due to the concerns with other restaurants that currently operate with live entertainment. However, that being said, this restaurant has had very low calls for service, most of which were alarm calls and the remaining were some assaults, minor assaults, disturbance by people drinking too much and only one noise complaint. Since the start of the live entertainment the number of calls has been as follows: 1) 2010 - four calls; 2) 2011 - seven Planning Commission Minutes June 4, 2014 - 3 - calls; 3) 2012 - eight calls; 4) 2013 - five calls; 5) 2014 - one call to date. Lt. Murray said that the concern is the close proximity to the residents, and large bands bring large crowds that will fill up the parking lot abutting the residential neighbors. Lt. Murray stated that by limiting the live entertainment and making it Friday and Saturday nights would be a good start to let them try to expand the live entertainment. The Commissioners asked Lt. Murray during what hours the calls were received, and the basis of the noise complaint. Lieutenant Murray responded by saying that the calls are generally earlier hours and range from 1:00 pm to Midnight; the one noise complaint was in May 2011 at 12:30 am; due to the music, not people. Applicant Daniel Peralta 9705 Mayne St, Bellflower, appeared as a representative for the owner Blanca Melendez. Mr. Peralta stated that he has been helping Ms. Melendez since 2008 with the original conditional use permit as well as the site plan for her current request. He continued by saying that he reviewed the conditions of approval with Ms. Melendez and she wishes to comply with all of them except Condition No 6: she would like the hours for live entertainment on Thursday to be the same as the hours for Friday and Saturday. Blanca Melendez stated that she is the owner of Habana Café. The hours of operation are currently Monday through Thursday from 8:00 am to 9:30 pm, and Friday through Sunday from 8:00 am until 10:00 pm. Chairman Kiefer asked Ms. Melendez her reason for requesting hours until 1:30 am, and if she understands that her kitchen must remain open during these hours and she cannot have any banquet operations. Mrs. Melendez and Mr. Peralta stated that business is really bad and she is trying to compete with other businesses in Downey that have live entertainment until 2:00 am. Mrs. Melendez added that she will keep her kitchen open as it is an eating place and no banquets. City Attorney Garcia advised the Commissioners that she conferred with staff and confirmed that the dba is 65 in the commercial zone; the resolution’s Condition 14 states that the applicant shall comply with the noise regulation and does not state the standard, which is the 65 dba. Mrs. Garcia continued by saying that she will work with staff to make sure that they are on the same page with Code Enforcement. Chairman Kiefer asked staff if there had been any correspondence in favor or against the application, to which Ms. Flores stated that there were none written, however, one resident called and visited staff at the counter. That person was in opposition until Ms. Flores reviewed the conditions of approval with him and he was pleased. John Kihm, National Security Investigative Agency, appeared in opposition. Mr. Kihm stated that he was hired by the Sam Jadtar Company, owners of properties near the subject site, but he did not have any addresses. Mr. Kihm presented the Commissioners with a preliminary report he had composed for his client. He continued by saying that he found that the property is mainly surrounded by single family residents. He stated that he spoke to people in public safety that said that it’s a bad idea; crime will increase, as well as drug sales and DUI arrests. Mr. Kihm continued by saying that the families that he spoke to in the area also told him that it was a bad idea, and stated his concern for children playing on the school grounds on Saturdays at the Spencer Williams elementary school, which according to MapQuest is only forty seconds away. The Commissioners and staff reviewed the report. City Attorney Garcia asked Mr. Kihm if the report has any addresses of the properties, or names of the people he spoke to that said they felt it was a bad idea. Mr. Kihm responded by saying that he did not. He Planning Commission Minutes June 4, 2014 - 4 - spoke to people in the apartments but does not have names or addresses, just that they were people in the surrounding area. Commissioner Rodriguez asked for the company’s name and the address of the apartment building, to which Mr. Kihm responded by confirming the name, and that they are a large corporation that own a lot of property in Downey and Los Angeles, but he did not have the addresses. City Attorney Garcia asked Mr. Kihm, who the members of public safety were that he spoke to as mentioned in his report, to which he responded by saying that he spoke to security guards in the area, and he did not have names. Director Schindler asked Mr. Kihm if he had conversed with the Downey Police Department, to which Mr. Kihm confirmed he had not. City Attorney Garcia entered into the record that the report Mr. Kihm distributed included a MapQuest report that shows directions from 7530 Arnett Street to the subject property. Chairman Kiefer reviewed the map and commented that the location of the school should not be a problem because of the hours of live entertainment. Chairman Kiefer closed the public hearing. Commissioner Flores stated that he is in favor of the resolution with the conditions as presented by staff; he likes the hours presented, which allows guests to listen to music during dinner; he does not see the need for live entertainment to be extended on Thursdays; and he loves that they are not asking for live entertainment on Sunday. Commissioner Rodriguez said that he agrees with Commissioner Flores, except that he is not comfortable with the live entertainment during dinner hours. In keeping with this being a restaurant, he feels that live entertainment should start after dinner hours. In addition, he would like that the 65 dba at property line be added to the conditions of approval to remain consistent with similar applications. Director Schindler advised the Commissioners that the 65 dba can be added on to Condition No. 14. Vice Chairman Lujan approved of the Thursday hours for live entertainment of 6:00 pm to 9:00 pm, and believes it will help to bring in customers and keep things quiet for the neighbors. Commissioner Flores added that since they had been using the six-month review in the past, he would like to be consistent and have the applicant brought back for review. Chairman Kiefer agreed with his fellow Commissioners and said that the hours of live entertainment should remain as stated in the conditions as presented by staff, and he believes it will help the business and protect the residents. Director Schindler gave examples of the added conditions as follows: • Condition 14 will be rewritten to specify the decibel limitation as we have done in other traditional conditions of approval. • A condition will be added to bring the application back for a six-month review if we have not had any complaints the item can be brought back as a Consent Calendar item with a memo that a review was conducted in partner with the Police Department and relevant agencies and there were no complaints. Planning Commission Minutes June 4, 2014 - 5 - Chairman Kiefer agreed and said that they would be interested in seeing a police report and a report of any complaints of noise, including those reported to staff. He suggested that the 65 dba be added to the end of Condition 14. City Attorney Garcia said Condition No. 19.5 can be the added to the conditions for the six-month review. It was moved by Commissioner Chairman Kiefer, seconded by Commissioner Flores, and passed by a 4-0- 1 vote, with Commissioner Morales absent, to adopt Resolution No.14-2879, thereby approving the request for a Conditional Use Permit (PLN-14-00019) with modified conditions as stated. NON-AGENDA PUBLIC COMMENTS: None CONSENT CALENDAR ITEMS: 4. Approval of the Minutes from May 21, 2014 It was moved by Vice Chairman Lujan, seconded by Commissioner Flores, and passed by a 4-0-1 vote, with Commissioner Morales absent, to approve the Minutes of May 21, 2014. OTHER BUSINESS: 5. PLN-14-00071 (Conditional Use Permit): Consideration of a Resolution of denial for a Conditional Use Permit (PLN-14-00071), thereby not allowing live entertainment at an existing business (Wet Bar), which operates with an Alcoholic Beverage Control Type 48 (On-Sale General, Public Premises) License, on property located at 8832 Imperial Highway, zoned C-2 (General Commercial). It was moved by Chairman Kiefer, seconded by Commissioner Flores, and passed by a 3-1-1 vote, with Vice Chairman Lujan voting no and Commissioner Morales absent, to adopt Resolution No.14-2880, thereby denying the request for a Conditional Use Permit (PLN-14-00071). STAFF MEMBER COMMENTS: None ADJOURNMENT: There being no further business to discuss, Chairman Kiefer adjourned the meeting at 7:32 pm, to Wednesday, June 18, 2014, at 6:30 pm at Downey City Hall, 11111 Brookshire Ave. APPROVED AND ADOPTED this 4th day of June, 2014. Robert Kiefer, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing Minutes were duly approved at a Regular meeting of the Planning Commission held on the 4th day of June, 2014, by the following vote: AYES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: NOES: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission